RATANLAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Ratan Lal against the judgment of the Sessions Judge Bharatpur, dated the 26th April, 1954, convicting him under sec. 409 I. P. C. and sentencing him to one year's R. I. and a fine of Rs. 100/-or in default 3 month's further R. I. Out of the fine, if paid, Rs. 50/- were ordered to be paid to the Post Office at Bharatpur. The appellant was acquitted of the offences under sec. 477-A I. P. C. and sec. 5 (2) of the Prevention of Corruption Act.

(2.) THE prosecution case is that one Sher Singh sent a money order from Kesarganj, Meerut, which was addressed to Rambaboo, Tailor Master, Additional Mathura out-gate Gulal Kund Nali, Bharatpur THE amount was entrusted by the Post Office to the accused, Ratanlal, along with the money order form, who was the postman, for disbursement to the addressee on the 28th of May, 1953, and the same day the accused returned the form purporting to have been duly signed by Rambaboo, the addressee, and one witness Kalli Ram Master. Rambaboo, complained to the Post Master on the 7th of July, 1953, that his money order had not been delivered to him and the case was then enquired into. After proper sanction the accused was prosecuted under secs. 477a and 409 I. P. C. and sec. 5 (2) of the Prevention of Corruption Act. THE case was committed to the Court of Sessions at Bharatpur and the learned Sessions Judge after holding a trial acquitted the accused of the other two offences but convicted him of the offence under sec. 409 I. P. C. and sentenced him as stated above.